(By Delegates Sobonya, Overington and Border)
[Introduced February 15, 2013; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §3-1-16 and §3-1-17 of the Code of West
Virginia, 1931, as amended; to amend and reenact §3-4A-11a of
said code; to amend said code by adding thereto two new
sections, designated §3-5-6a and §3-5-6b; to amend and reenact
§3-5-7, §3-5-13 and §3-5-13a of said code; to amend said code
by adding thereto a new section, designated §3-6-2a; and to
amend and reenact §51-2-1 of said code, all relating to the
nonpartisan elections of justices of the West Virginia Supreme
Court of Appeals and circuit court judges; timing and
frequency of election; ballot design and printing; separation
from partisan ballot; filing announcement of candidacies;
withdrawal of announcement of candidacies; refund of paid
filing fees; and ballot content.Be it enacted by the Legislature of West Virginia: That §3-1-16 and §3-1-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §3-4A-11a of said code
be amended and reenacted; that said code be amended by adding
thereto two new sections, designated §3-5-6a and §3-5-6b; that
§3-5-7, §3-5-13 and §3-5-13a of said code be amended and reenacted;
that said code be amended by adding thereto a new section,
designated §3-6-2a; and that §51-2-1 of said code be amended and
reenacted, all to read as follows:

CHAPTER 3. ELECTIONS.

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-16. Election of state officers.
At the general election to be held in 1968, and in every
fourth year thereafter, there shall be elected a Governor,
Secretary of State, Treasurer, Auditor, Attorney General and
Commissioner of Agriculture. At the general election in 1968, and
in every second year thereafter, there shall be elected a member of
the State Senate for each senatorial district, and a member or
members of the House of Delegates of the state from each county or
each delegate district. At the general election to be held in the
year 1968, and in every twelfth year thereafter, there shall be
elected one judgejustice of the Supreme Court of Appeals, and at
the general election to be held in 1972, and in every twelfth year
thereafter, two judgesjustices of the Supreme Court of Appeals and
at the general election to be held in 1976, and in every twelfth
year thereafter, two judgesjustices of the Supreme Court of Appeals. At the general election to be held in 2016, and every
twelfth year thereafter, there shall be elected one justice of the
Supreme Court of Appeals, and at the general election to be held in
2020, and every twelfth year thereafter, there shall be elected two
justices of the Supreme Court of Appeals, and at the general
election to be held in 2024, and every twelfth year thereafter,
there shall be elected two justices of the Supreme Court of
Appeals. Effective with the general election held in 2016, the
election of justices of the Supreme Court of Appeals shall be on a
nonpartisan basis.§3-1-17. Election of circuit judges; county and district officers;
magistrates.
There shall be elected, at the general election to be held in
1992, and in every eighth year thereafter, one judge of the circuit
court of every judicial circuit entitled to but one judge, and one
judge for each numbered division of the judicial circuit in those
judicial circuits entitled to two or more circuit judges; and at
the general election to be held in 1992, and in every fourth year
thereafter, a sheriff, prosecuting attorney, surveyor of lands, and
the number of assessors prescribed by law for the county, and the
number of magistrates prescribed by law for the county; and at the
general election to be held in 1990, and in every second year
thereafter, a commissioner of the county commission for each
county; and at the general election to be held in 1992, and in every sixth year thereafter, a clerk of the county commission and
a clerk of the circuit court for each county. Effective with the
general election of 2016, all elections for circuit court judges in
the respective circuits will be elected on a nonpartisan basis.ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.§3-4A-11a. Ballots tabulated electronically; arrangement, quantity
to be printed, ballot stub numbers.
(a) The board of ballot commissioners in counties using
ballots upon which votes may be recorded by means of marking with
electronically sensible ink or pencil and which marks are tabulated
electronically shall cause the ballots to be printed or displayed
upon the screens of the electronic voting system for use in
elections.
(b) (1) For the primary election, the heading of the ballot,
the type faces, the names and arrangement of offices and the
printing of names and arrangement of candidates within each office
are to conform as nearly as possible to the provisions of sections
thirteen and thirteen-a, article five of this chapter.
(2) For the general election, the heading of the ballot, the
straight ticket positions, the instructions to straight ticket
voters, the type faces, the names and arrangement of offices and
the printing of names and the arrangement of candidates within each
office are to conform as nearly as possible to the provisions of
section two, article six of this chapter, except as otherwise provided in this article.
(3) Nonpartisan elections for board of education and effective
with the general election held in 2016 and thereafter, for the
nonpartisan office of justice of the Supreme Court of Appeals and
all elections of the nonpartisan office of circuit court judge and
any question to be voted upon are to be separated from the partisan
ballot and separately headed in display type with a title clearly
identifying the purpose of the election and constituting a separate
ballot wherever a separate ballot is required under the provisions
of this chapter.
(4) Both the face and the reverse side of the ballot may
contain the names of candidates only if means to ensure the secrecy
of the ballot are provided and lines for the signatures of the poll
clerks on the ballot are printed on a portion of the ballot which
is deposited in the ballot box and upon which marks do not
interfere with the proper tabulation of the votes.
(5) The arrangement of candidates within each office is to be
determined in the same manner as for other electronic voting
systems, as prescribed in this chapter. On the general election
ballot for all offices, and on the primary election ballot only for
those offices to be filled by election, except delegate to national
convention, lines for entering write-in votes are to be provided
below the names of candidates for each office, and the number of
lines provided for any office shall equal the number of persons to be elected, or three, whichever is fewer. The words "WRITE-IN, IF
ANY" are to be printed, where applicable, directly under each line
for write-ins. The lines are to be opposite a position to mark the
vote.
(c) Except for electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means
of touch, the primary election ballots are to be printed in the
color of ink specified by the Secretary of State for the various
political parties, and the general election ballot is to be printed
in black ink. For electronic voting systems that utilize screens
upon which votes may be recorded by means of a stylus or by means
of touch, the primary ballots and the general election ballot are
to be printed in black ink. All ballots are to be printed, where
applicable, on white paper suitable for automatic tabulation and
are to contain a perforated stub at the top or bottom of the
ballot, which is to be numbered sequentially in the same manner as
provided in section thirteen, article five of this chapter, or are
to be displayed on the screens of the electronic voting system upon
which votes are recorded by means of a stylus or touch. The number
of ballots printed and the packaging of ballots for the precincts
are to conform to the requirements for paper ballots provided in
this chapter.
(d) In addition to the official ballots, the ballot
commissioners shall provide all other materials and equipment necessary to the proper conduct of the election.ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.§3-5-6a. Election of justices of the Supreme Court of Appeals.
_____(a) An election for the purpose of electing a justice or
justices of the Supreme Court of Appeals shall be held on the same
date as the general election, as provided by law, upon a
nonpartisan ballot printed for this purpose.
_____(b) In each nonpartisan election for a justice or justices of
the Supreme Court of Appeals, the board of canvassers shall declare
and certify the election of the required number of eligible
candidates receiving the highest numbers of votes to fill any full
terms.
_____(c) It is the intent of this section that any person declared
to be elected under this section shall take office as a duly
elected justice even though the person received a plurality of all
votes cast at such election.
_____(d) In case of a tie vote under this section, section twelve,
article six of this chapter controls in breaking the tie.§3-5-6b. Election of circuit judges.
_____(a) An election for the purpose of electing a circuit court
judge or circuit court judges shall be held on the same date as the
general election in their respective circuits, as provided by law,
upon a nonpartisan ballot printed for this purpose.
_____(b) In each nonpartisan election for a circuit court judge or circuit court judges, the board of canvassers shall declare and
certify the election of the required number of eligible candidates
receiving the highest numbers of votes to fill any full terms.
_____(c) It is the intent of this section that any person declared
to be elected under this section shall take office as a duly
elected circuit court judge even though the person received a
plurality of all votes cast at the election.
_____(d) In case of a tie vote under this section, section twelve,
article six of this chapter controls in breaking the tie.§3-5-7. Filing announcements of candidacies; requirements;
withdrawal of candidates when section applicable.
(a) Any person who is eligible and seeks to hold an office or
political party position to be filled by election in any primary or
general election held under the provisions of this chapter shall
file a certificate of announcement declaring his or her candidacy
for the nomination or election to the office.
(b) The certificate of announcement shall be filed as follows:
(1) Candidates for the House of Delegates or the State Senate
and any other office or political position to be filled by the
voters of more than one county shall file a certificate of
announcement with the Secretary of State.
(2) Candidates for an office or political position to be
filled by the voters of a single county or a subdivision of a
county, except for candidates for the House of Delegates or State Senate, shall file a certificate of announcement with the clerk of
the county commission.
(3) Candidates for an office to be filled by the voters of a
municipality shall file a certificate of announcement with the
recorder or city clerk.
(c) Except for the offices of justice of the Supreme Court of
Appeals and circuit court judge, which are to be filled on a
nonpartisan basis beginning at the general election held in 2016,
the certificate of announcement shall be filed with the proper
officer not earlier than the second Monday in January next
precedingbefore the primary election day and not later than the
last Saturday in January next precedingbefore the primary election
day and must be received before midnight, eastern standard time, of
that day or, if mailed, shall be postmarked by the United States
Postal Service before that hour. The offices of justice of the
Supreme Court of Appeals and circuit court judge, beginning in
2016, shall be filled on a nonpartisan basis at the general
election. The certificate of announcement shall be filed with the
authorized election official not later than the second Tuesday in
May and must be received before midnight, eastern standard time, of
that day or, if mailed, be postmarked by the United States Postal
Service before midnight, eastern standard time, of that day. All
certificates of announcement for the offices of justice of the
Supreme Court of Appeals and circuit court judge, which are filed not earlier than the second Monday in January before the primary
election day, and not later than the last Saturday in January
before the primary election day, and are received before midnight,
eastern standard time, of that day or, if mailed, were postmarked
by the United States Postal Service before that hour, may be
withdrawn on or before midnight, eastern standard time, of the
second Tuesday in May, in accordance with article five, section
eleven of this chapter, with a full refund of any filing fees paid
or, if not withdrawn, are effective for purposes of the nonpartisan
election for the offices to be held on general election day.
(d) The certificate of announcement shall be on a form
prescribed by the Secretary of State on which the candidate shall
make a sworn statement before a notary public or other officer
authorized to administer oaths, containing the following
information:
(1) The date of the election in which the candidate seeks to
appear on the ballot;
(2) The name of the office sought; the district, if any, and
the division, if any;
(3) The legal name of the candidate and the exact name the
candidate desires to appear on the ballot, subject to limitations
prescribed in section thirteen, article five of this chapter;
(4) The county of residence and a statement that the candidate
is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from magisterial
districts or under magisterial district limitations;
(5) The specific address designating the location at which the
candidate resides at the time of filing, including number and
street or rural route and box number and city, state and zip code;
(6) For partisan elections, the name of the candidate's
political party and a statement that the candidate: (A) Is a
member of and affiliated with that political party as evidenced by
the candidate's current registration as a voter affiliated with
that party; and (B) has not been registered as a voter affiliated
with any other political party for a period of sixty days before
the date of filing the announcement;
(7) For candidates for delegate to national convention, the
name of the presidential candidate to be listed on the ballot as
the preference of the candidate on the first convention ballot; or
a statement that the candidate prefers to remain "uncommitted";
(8) A statement that the person filing the certificate of
announcement is a candidate for the office in good faith;
(9) The words "subscribed and sworn to before me this ______
day of _____________, 20____" and a space for the signature of the
officer giving the oath.
(e) The Secretary of State or the board of ballot
commissioners, as the case may be, may refuse to certify the
candidacy or may remove the certification of the candidacy upon receipt of a certified copy of the voter's registration record of
the candidate showing that the candidate was registered as a voter
in a party other than the one named in the certificate of
announcement during the sixty days immediately preceding the filing
of the certificate: Provided, That unless a signed formal
complaint of violation of this section and the certified copy of
the voter's registration record of the candidate are filed with the
officer receiving that candidate's certificate of announcement no
later than ten days following the close of the filing period, the
candidate may not be refused certification for this reason.
(f) The certificate of announcement shall be subscribed and
sworn to by the candidate before some officer qualified to
administer oaths, who shall certify the same. Any person who
knowingly provides false information on the certificate is guilty
of false swearing and shall be punished in accordance with section
three, article nine of this chapter.
(g) Any candidate for delegate to a national convention may
change his or her statement of presidential preference by notifying
the Secretary of State by letter received by the Secretary of State
no later than the third Tuesday following the close of candidate
filing. When the rules of the political party allow each
presidential candidate to approve or reject candidates for delegate
to convention who may appear on the ballot as committed to that
presidential candidate, the presidential candidate or the candidate's committee on his or her behalf may file a list of
approved or rejected candidates for delegate and the Secretary of
State shall list as "uncommitted" any candidate for delegate who is
disapproved by the presidential candidate.
(h) A person may not be a candidate for more than one office
or office division at any election. Provided, ThatHowever, a
candidate for an office may also be a candidate for President of
the United States, for membership on political party executive
committees or for delegate to a political party national
convention.
(i) A candidate who files a certificate of announcement for
more than one office or division and does not withdraw, as provided
by section eleven, article five of this chapter, from all but one
office prior to the close of the filing period may not be certified
by the Secretary of State or placed on the ballot for any office by
the board of ballot commissioners.
(j) The provisions of this section enacted during the regular
session of the Legislature in the year 1991 shall applyapplies to
the primary election held in the year 1992 and every primary
election held thereafter. The provisions of this section enacted
during the regular session of the Legislature in the year 2009
shall applyapplies to the primary election held in the year 2010
and every primary election held thereafter.§3-5-13. Form and contents of ballots.The following provisions apply to the form and contents of
election ballots:
_____(1) The face of every primary election ballot shall conform
as nearly as practicable to that used at the general election.(1)(2) The heading of every ballot is to be printed in
display type. The heading is to contain a ballot title, the name
of the county, the state, the words "Primary Election" and the
month, day and year of the election. The ballot title of the
political party ballots is to contain the words "Official Ballot of
the (Name) Party" and the official symbol of the political party
may be included in the heading. The ballot title of any separate
paper ballot or portion of any electronic or voting machine ballot
for the board of education is to contain the words "Nonpartisan
Ballot of Election of Members of the ______________ County Board of
Education". The districts for which less than two candidates may
be elected and the number of available seats are to be specified
and the names of the candidates are to be printed without reference
to political party affiliation and without designation as to a
particular term of office. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
the Supreme Court of Appeals shall contain the words "Nonpartisan
Ballot of Election of Justice(s) of the Supreme Court of Appeals of
West Virginia." The names of the candidates for the Supreme Court
of Appeals shall be printed without references to political party affiliation or registration. The ballot title of any separate paper
ballot or portion of any electronic or voting machine ballot for
all circuit court judges in the respective circuits shall contain
the words "Nonpartisan Ballot of Election of circuit court
Judge(s)". The names of the candidates for the respective circuit
court judge office shall be printed without references to political
party affiliation or registration. Any other ballot or portion of
a ballot on a question is to have a heading which clearly states
the purpose of the election according to the statutory requirements
for that question.(2)(3)(A) For paper ballots, the heading of the ballot is to
be separated from the rest of the ballot by heavy lines and the
offices shall be arranged in columns with the following headings,
from left to right across the ballot: "National Ticket", "State
Ticket", "County Ticket" and, in a presidential election year,
"National Convention" or, in a nonpresidential election year,
"District Ticket". The columns are to be separated by heavy lines.
Within the columns, the offices are to be arranged in the order
prescribed in section thirteen-a of this article.
(B) For voting machines, electronic voting devices and any
ballot tabulated by electronic means, the offices are to appear in
the same sequence as prescribed in section thirteen-a of this
article and under the same headings as prescribed in subsection (a)
of this section. The number of pages, columns or rows, where applicable, may be modified to meet the limitations of ballot size
and composition requirements subject to approval by the Secretary
of State.
(C) The title of each office is to be separated from preceding
offices or candidates by a line and is to be printed in bold type
no smaller than eight point. Below the office is to be printed the
number of the district, if any, the number of the division, if any,
and the words "Vote for ________" with the number to be nominated
or elected or "Vote For Not More Than ________" in multicandidate
elections. For offices in which there are limitations relating to
the number of candidates which may be nominated, elected or
appointed to or hold office at one time from a political
subdivision within the district or county in which they are
elected, there is to be a clear explanation of the limitation, as
prescribed by the Secretary of State, printed in bold type
immediately preceding the names of the candidates for those offices
on the ballot in every voting system. For counties in which the
number of county commissioners exceeds three and the total number
of members of the county commission is equal to the number of
magisterial districts within the county, the office of county
commission is to be listed separately for each district to be
filled with the name of the magisterial district and the words
"Vote for One" printed below the name of the office: Provided,
That the office title and applicable instructions may span the width of the ballot so as it is centered among the respective
columns.
(D) The location for indicating the voter's choices on the
ballot is to be clearly shown. For paper ballots, other than those
tabulated electronically, the official primary ballot is to contain
a square formed in dark lines at the left of each name on the
ballot, arranged in a perpendicular column of squares before each
column of names.(3)(4) (A) The name of every candidate certified by the
Secretary of State or the board of ballot commissioners is to be
printed in capital letters in no smaller than eight point type on
the ballot for the appropriate precincts. Subject to the rules
promulgated by the Secretary of State, the name of each candidate
is to appear in the form set out by the candidate on the
certificate of announcement, but in no case may the name
misrepresent the identity of the candidate nor may the name include
any title, position, rank, degree or nickname implying or inferring
any status as a member of a class or group or affiliation with any
system of belief.
(B) The city of residence of every candidate, the state of
residence of every candidate residing outside the state, the county
of residence of every candidate for an office on the ballot in more
than one county and the magisterial district of residence of every
candidate for an office subject to magisterial district limitations are to be printed in lower case letters beneath the names of the
candidates.
(C) The arrangement of names within each office must be
determined as prescribed in section thirteen-a of this article.
(D) If the number of candidates for an office exceeds the
space available on a column or ballot page and requires that
candidates for a single office be separated, to the extent
possible, the number of candidates for the office on separate
columns or pages are to be nearly equal and clear instructions
given the voter that the candidates for the office are continued on
the following column or page.(4)(5) When an insufficient number of candidates has filed
for a party to make the number of nominations allowed for the
office or for the voters to elect sufficient members to the board
of education or to executive committees, the vacant positions on
the ballot shall be filled with the words "No Candidate Filed".
Provided, That In paper ballot systems which allow for write-ins to
be made directly on the ballot, a blank line shall be placed in any
vacant position in the office of board of education or for election
to any party executive committee. A line shall separate each
candidate from every other candidate for the same office.
Notwithstanding any other provision of this code, if there are
multiple vacant positions on a ballot for one office, the multiple
vacant positions which would otherwise be filled with the words "No Candidate Filed" may be replaced with a brief detailed description,
approved by the Secretary of State, indicating that there are no
candidates listed for the vacant positions.(5)(6) In presidential election years, the words "For
election in accordance with the plan adopted by the party and filed
with the Secretary of State" is to be printed following the names
of all candidates for delegate to national convention.(6)(7) All paper ballots are to be printed in black ink on
paper sufficiently thick so that the printing or marking cannot be
discernible from the back. Provided, That No paper ballot voted
pursuant to the provisions of 42 U.S.C. §1973, et seq., the
Uniformed and Overseas Citizens Absentee Voting Act of 1986, or
federal write-in absentee ballot may be rejected due to paper type,
envelope type, or notarization requirement. Ballot cards and paper
for printing ballots using electronically sensible ink are to meet
minimum requirements of the tabulating systems and are to conform
in size and weight to ensure ease in tabulation.(7)(8) Ballots are to contain perforated tabs at the top of
the ballots and are to be printed with unique sequential numbers
from one to the highest number representing the total number of
ballots printed. On paper ballots, the ballot is to be bordered by
a solid line at least one sixteenth of an inch wide and the ballot
is to be trimmed to within one-half inch of that border.(8)(9) On the back of every official ballot or ballot card the words "Official Ballot" with the name of the county and the
date of the election are to be printed. Beneath the date of the
election there are to be two blank lines followed by the words
"Poll Clerks".(9)(10) The face of sample paper ballots and sample ballot
labels are to be like other official ballots or ballot labels
except that the word "sample" is to be prominently printed across
the front of the ballot in a manner that ensures the names of
candidates are not obscured and the word "sample" may be printed in
red ink. No printing may be placed on the back of the sample.§3-5-13a. Order of offices and candidates on the ballot; uniform
drawing date.
(a) The order of offices for state and county elections on all
ballots within the state shall beare as prescribed herein. When
the office does not appear on the ballot in an election, then it
shall be omitted from the sequence. When an unexpired term for an
office appears on the ballot along with a full term, the unexpired
term shall appear immediately below the full term.
NATIONAL TICKET: President (and Vice President in the general
election), United States Senator, member of the United States House
of Representatives
STATE TICKET: Governor, Secretary of State, Auditor,
Treasurer, Commissioner of Agriculture, Attorney General, Justice
of the Supreme Court of Appeals, State Senator, member of the House of Delegates, circuit judge in multicounty districts, family court
judge in multicounty districts, any other multicounty office, state
executive committee.
COUNTY TICKET: Circuit judge in single-county districts,
Family court judge in single-county districts, clerk of the circuit
court, county commissioner, clerk of the county commission,
prosecuting attorney, sheriff, assessor, magistrate, surveyor,
congressional district executive committee, senatorial district
executive committee in multicounty districts, delegate district
executive committee in multicounty districts.
NATIONAL CONVENTION: Delegate to the national convention --
at-large, delegate to the national convention -- congressional
district.
DISTRICT TICKET: County executive committee.
(b) Except for office divisions in which no more than one
person has filed a certificate of announcement, the arrangement of
names for all offices shall beare determined by lot according to
the following provisions:
(1) On the forth Tuesday following the close of the candidate
filing, beginning at nine o'clock a. m., a drawing by lot shall be
conducted in the office of the clerk of the county commission in
each county. Notice of the drawing shall be given on the form for
the certificate of announcement and no further notice shall be is
required. The clerk of the county commission shall superintend and conduct the drawing and the method of conducting the drawing shall
be prescribed by the Secretary of State.
(2) Except as provided herein, the position of each candidate
within each office division shall beis determined by the position
drawn for that candidate individually. Provided, That If fewer
candidates file for an office division than the total number to be
nominated or elected, the vacant positions shall appear following
the names of all candidates for the office.
(3) Candidates for delegate to national convention who have
filed a commitment to a candidate for president shall be listed
alphabetically within the group of candidates committed to the same
candidate for president and uncommitted candidates shall be listed
alphabetically in an uncommitted category. The position of each
group of committed candidates and uncommitted candidates shall be
determined by lot by drawing the names of the presidential
candidates and for an uncommitted category.
(4) A candidate or the candidate's representative may attend
the drawings.ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.§3-6-2a. General election ballots for elections of justices of the
Supreme Court of Appeals and circuit court judges.
_____The general election ballot shall contain separate sections,
one listing the names of candidates for justice of the Supreme Court and one listing names of candidates for circuit court judge
or circuit court judges in the respective circuits, clearly
separate and apart from the listing of the names on the ballot for
political party candidates for partisan offices. These ballots
shall include a heading of "Nonpartisan Ballot of Election of
Justice(s) of the Supreme Court of Appeals of West Virginia"and
another heading of "Nonpartisan Ballot of Election of circuit court
Judge(s)" with the proper circuit of the respective circuit court
election listed on the ballot, with the names of all candidates for
the nonpartisan elections listed thereunder with no other offices
listed in that section or that ballot as appropriate.

CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-1. Judicial circuits; terms of office; legislative findings
and declarations; elections; terms of court.
(a) The state shall be divided into the following judicial
circuits with the following number of judges:
(1) The counties of Brooke, Hancock and Ohio shall constitute
the first circuit and shall have four judges;
(2) The counties of Marshall, Tyler and Wetzel shall
constitute the second circuit and shall have two judges;
(3) The counties of Doddridge, Pleasants and Ritchie shall
constitute the third circuit and shall have one judge;
(4) The counties of Wood and Wirt shall constitute the fourth
circuit and shall have three judges;
(5) The counties of Calhoun, Jackson, Mason and Roane shall
constitute the fifth circuit and shall have two judges;
(6) The county of Cabell shall constitute the sixth circuit
and shall have four judges;
(7) The county of Logan shall constitute the seventh circuit
and shall have two judges;
(8) The county of McDowell shall constitute the eighth circuit
and shall have two judges;
(9) The county of Mercer shall constitute the ninth circuit
and shall have three judges;
(10) The county of Raleigh shall constitute the tenth circuit
and shall have three judges;
(11) The counties of Greenbrier and Pocahontas shall
constitute the eleventh circuit and shall have two judges;
(12) The county of Fayette shall constitute the twelfth
circuit and shall have two judges;
(13) The county of Kanawha shall constitute the thirteenth
circuit and shall have seven judges;
(14) The counties of Braxton, Clay, Gilmer and Webster shall
constitute the fourteenth circuit and shall have two judges;
(15) The county of Harrison shall constitute the fifteenth
circuit and shall have three judges;
(16) The county of Marion shall constitute the sixteenth
circuit and shall have two judges;
(17) The county of Monongalia shall constitute the seventeenth
circuit and shall have two judges: Provided, That effective July
1, 2009, said circuit court shall have three judges.
(18) The county of Preston shall constitute the eighteenth
circuit and shall have one judge;
(19) The counties of Barbour and Taylor shall constitute the
nineteenth circuit and shall have one judge;
(20) The county of Randolph shall constitute the twentieth
circuit and shall have one judge;
(21) The counties of Grant, Mineral and Tucker shall
constitute the twenty-first circuit and shall have two judges;
(22) The counties of Hampshire, Hardy and Pendleton shall
constitute the twenty-second circuit and shall have two judges;
(23) The counties of Berkeley, Jefferson and Morgan shall
constitute the twenty-third circuit and shall have five judges;
(24) The county of Wayne shall constitute the twenty-fourth
circuit and shall have two judges;
(25) The counties of Lincoln and Boone shall constitute the
twenty-fifth circuit and shall have two judges;
(26) The counties of Lewis and Upshur shall constitute the
twenty-sixth circuit and shall have one judge;
(27) The county of Wyoming shall constitute the twenty-seventh circuit and shall have one judge;
(28) The county of Nicholas shall constitute the twenty-eighth
circuit and shall have one judge;
(29) The county of Putnam shall constitute the twenty-ninth
circuit and shall have two judges;
(30) The county of Mingo shall constitute the thirtieth
circuit and shall have one judge; and
(31) The counties of Monroe and Summers shall constitute the
thirty-first circuit and shall have one judge.
(b) The Kanawha County circuit court shall be a court of
concurrent jurisdiction with each single judge circuit where the
sitting judge in the single judge circuit is unavailable by reason
of sickness, vacation or other reason.
(c) Any judge in office on the effective date of the
reenactment of this section shall continue as a judge of the
circuit as constituted under prior enactments of this section,
unless sooner removed or retired as provided by law, until December
31, 2008.
(d) The term of office of all circuit court judges shall be
for eight years. The term of office for all circuit court judges
elected during the general election conducted in the year 2008
shall commence on January 1, 2009, and end on December 31, 2016.
(e) For election purposes, in every judicial circuit having
two or more judges there shall be numbered divisions corresponding to the number of circuit judges in each circuit. Each judge shall
be elected at large from the entire circuit. In each numbered
division of a judicial circuit, the candidates for nomination or
election shall be voted upon and the votes cast for the candidates
in each division shall be tallied separately from the votes cast
for candidates in other numbered divisions within the circuit. The
candidate receiving the highest number of the votes cast within a
numbered division shall be nominated or elected, as the case may
be.
(f) Judges serving a judicial circuit comprised of four or
more counties with two or more judges shall not be residents of the
same county.(g) Beginning in 2016, all elections for circuit court judge
shall be nonpartisan, and all elections for circuit court judge are
to be held in the general election as set forth in chapter three of
this code. Beginning in 2016, there will no longer be primary
elections held for circuit court judge. All indications of party
identification on election ballots for circuit court judge shall be
omitted.
_____(g)(h) The Supreme Court of Appeals shall, by rule, establish
the terms of court of circuit judges.

NOTE: The purpose of this bill is to elect all justices to the
West Virginia Supreme Court of Appeals and all circuit court judges
on a nonpartisan basis.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.

§3-5-6a, §3-5-6b and §3-6-2a are new; therefore, it has been
completely underscored.